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AJCongress Supreme Court Brief
Defends NAACP's Right to Boycott
NEW YORK — The
American Jewish Congress,
in a friend-of-the-court brief
submitted to the U.S. Sup-
reme Court, defends the
right of the National Asso-
ciation for the Advance-
ment of Colored People to
conduct a boycott in support
of civil rights demands and
calls on the high court to re-
verse a Mississippi Sup-
reme Court ruling prohibit-
ing the boycott and holding ,
the NAACP liable for dam-
ages.
Announcement of the fil-
ing was made by Paul S.
Berger, co-chair for the gov-
erning council of the AJ-
Congress.
Asserting that the lower
court decision places "an
unreasonable restaint" on
legitimate political action,
the American Jewish Con-
gress notes that "organized
political activity of a kind
long recognized as having
constitutional protection
would effectively be prohib-
ited" if the high court af-
firms the Mississippi deci-
sion.
In its own activities, the
Jewish group says, it or-
ganized the anti-Nazi
boycott in 1933, sup-
ported the lettuce
boycott of Cesar Chavez
and the boycott of J. P.
Stevens textiles and still
boycotts convention
facilities in states that
have not ratified the
Equal Rights Amend-
ment.
The case — known as
NAACP vs. Claiborne
Hardware Co. — grew out of
the boycott conducted by the
NAACP from 1966 to 1969
against white merchants in
Claiborne County, Miss.,
aimed at ending a large
number of discriminatory
practices against local black
residents. After the mer-
chants sued the NAACP
and boycott leaders, the
Supreme Court of Missis-
sippi ultimately held that
the NAACP and 92 of its
members must pay boycott
damages for the injury suf-
fered by the stores that had
filed suit.
The Mississippi court
based this ruling on a find-
ing that the boycott was ac-
companied by violence. Re-
jecting the NAACP's claim
that damages could be
awarded only for the results
of illegal conduct, the court
held that injuries resulting
from the legal boycott must
also be covered.
The American Jewish
Congress brief made three
main points:
• The boycott is pro-
tected by the First
Amendment.
• The boycotting group
cannot be held liable for
damages on the ground that
Novel Depicts. Hardships
of Early Jewtsh Feminists
Harriet Rochlin writes
about a 19th Century
Jewish woman who strug-
gles to shed the "housewife
role" thrust upon her by
society. Rochlin's novel is
entitled "So Far Away"
(Jove Books).
Ms. Rochlin's heroine,
CLAIRVOYANT READINGS
Frieda Levie, is based on a
No cards, No palms, lust you.
composite of the author's
own American - Jewish -
Call LINDA or INA
Mexican heritage. When
546-9244 or 399-4919
Frieda's family is suddenly
plunged into poverty, the
(by appointment only)
17-year-old girl takes over
her father's boarding house
only to find herself suffocat-
Jewish Women
ing under family traditions
Focus of Series
and never-ending
arguments.
at NY Museum
Set in San Francisco and
NEW YORK — "Images the Arizona territory, the
of Jewish Women," a special novel presents a female
series which will include viewpoint of America at the
exhibitions by two women tail-end of the Gold Rush.
artists, June Wayne and
Dina Dar, as well as a var-
ied lineup of films, lectures,
discussions, and readings
Avraham Frank, director
will run Jan. 17 through of professional programs for
March 14 at the Jewish the Israel Aliya Center in
Museum.
the U.S. and Canada, will
The exhibition "June address the next meeting of
Wayne: The Dorothy the- Greater Detroit Chug
Series" comprises a series of Aliya 7:30 p.m. Wednesday
20 lithographs drawn from in the home of Alisa Slatis,
letters, old photographs, 7326 Edinborough, West
and drawn recollections of Bloomfield.
Reservations are re-
the artist's mother. "Be-
tween Holy and Profane: quired. For reservations,
Xerography by Dina Dar" is call Rayna Kogan, 626-
an exhibition of 21 color 6430.
Xerox prints collaged from
Shiloah in ancient times
fabrics, flowers, Jewish
ritual objects, and portraits was the only water source
for Jerusalem.
of the artist's family.
Clowns • Puppets • Magic
Juggling • Music • Dance
Balloon Sculpture
273-6716
Parties - Schools - Clubs
Family Entertainment
Friday, January 8, 1982 61
the boycott was an unlawful
conspiracy.
• The punishments im-
posed by the Mississippi
Supreme Court are uncon-
stitutional.
In arguing the constitu-
tionality of the boycott, the
American Jewish Congress
brief declares:
"Politically - motivated
economic boycotts have a
long and honored history
in our nation. Moreover,
the decision of this Court
has consistently
endorsed the right of citi-
zens to organize and in-
duce others to partici-
pate in such boycotts.
"The mere presence of a
handful of acts of violence in
Claiborne County during,
the three-year-long boycott
does not render the boycott
itself— let alone the peace-
ful protest activities
engaged in — in further-
ance of the boycott, illegal
or remove them from pro-
tection of the First Amend-
ment.
"If respondents can prove
that they were injured by
the few - acts of violence
identified in the record," the
American Jewish Congress
brief declares, "they are
entitled to damages from
those who caused them. But
there is no support for an
award of damages compen-
-
17515 W. 9 Mile Rd.
Suite 865
Southfield, Mich. 48075
JUST
Hillel Publishes
College Directory
Aliya Center Official Due
From
Paste in old label
To:
NAME
Effective Date
AVRAHAM FRANK
n
To: The Jewish News
Harriet Rochlin, a Los
Angeles native, has been a
contributor to Hadassah
Magazine, the Los Angeles
Times and the Arizona Post.
"So Far Away" is her first
novel.
WASHINGTON — A di-
rectory providing informa-
tion on Jewish enrollment,
Jewish studies and kosher
dining at 325 colleges and
universities throughout
North America has been
published by the Bnai Brith
Hillel Foundation.
The guide, "Jewish Life
on Campus — 1981-1982,"
is available from Bnai Brith
Hillel Foundations, 1640
Rhode Island Ave., N.W.,
Washington, D.C. 20036.
There is a charge.
sating respondents for the
lawful effects of peaceful
boycott activity or against
all the participants in the
boycott.
"In sum, the decision
below fails to distinguish
between legal and illegal
means of furthering the
boycott, between actions
planned by the organizers to
further the boycott and
those engaged in indepen-
dently by certain individu-
als, and between culpable
and nonculpable persons.
Yet, such distinctions are
required where First
Amendment rights are con-
cerned."
In arguing that the
Mississippi courts im-
posed "unconstitutional
remedies" in behalf of the
white merchants of
Claiborne County, the
American Jewish Con-
gress brief says that both
the lower court injunc-
tion against all further
boycott-related activity,
and the damages
awarded, violate the
"constitutional admoni-
tion" that "restrictions
o
First Amendment
freedoms must be nar-
rowly drawn."
Oral argument in the case
is expected to be heard by
the Supreme Court in Feb-
ruary or March.